***I DRAFT REPORT. EN United in diversity EN. European Parliament 2018/0207(COD)

Transcription

1 European Parliament Committee on Civil Liberties, Justice and Home Affairs 2018/0207(COD) ***I DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme (COM(2018)0383 C8-0234/ /0207(COD)) Committee on Civil Liberties, Justice and Home Affairs Rapporteur: Bodil Valero PR\ docx PE v02-00 United in diversity

2 PR_COD_1amCom Symbols for procedures * Consultation procedure *** Consent procedure ***I Ordinary legislative procedure (first reading) ***II Ordinary legislative procedure (second reading) ***III Ordinary legislative procedure (third reading) (The type of procedure depends on the legal basis proposed by the draft act.) s to a draft act s by Parliament set out in two columns Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column. The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend. s by Parliament in the form of a consolidated text New text is highlighted in bold italics. Deletions are indicated using either the symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced. By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted. PE v /53 PR\ docx

3 CONTTS Page DRAFT EUROPEAN PARLIAMT LEGISLATIVE RESOLUTION... 5 EXPLANATORY STATEMT ANNEX: LIST OF TITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT PR\ docx 3/53 PE v02-00

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5 DRAFT EUROPEAN PARLIAMT LEGISLATIVE RESOLUTION on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme (COM(2018)0383 C8-0234/ /0207(COD)) (Ordinary legislative procedure: first reading) The European Parliament, having regard to the Commission proposal to Parliament and the Council (COM(2018)0383) and the amended proposal (COM(2018)0383(COR1)), having regard to Article 294(2) and Articles 16(2), 19(2), 21(2), 24, 167 and 168 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0234/2018), having regard to Article 294(3) of the Treaty on the Functioning of the European Union, having regard to the opinion of the European Economic and Social Committee of... 1, having regard to the opinion of the Committee of the Regions of... 2, having regard to Rules 59 of its Rules of Procedure, having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Culture and Education. the Committee on Women's Rights and Gender Equality, the Committee on Budgets, the Committee on Employment and Social Affairs, Committee on Legal Affairs and the Committee on Constitutional Affairs (A8-0000/2018), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. 1 OJ C... / Not yet published in the Official Journal. 2 OJ C... / Not yet published in the Official Journal. PR\ docx 5/53 PE v02-00

6 1 Title Rights and Values programme Citizens, Rights and Values programme 2 Recital 2 (2) Those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council 8 and the Europe for Citizens programme established by Council Regulation (EU) No (2) Those rights and values must continue to be cultivated, protected, promoted, enforced and shared among the citizens and peoples and be at the heart of the EU project, as the deterioration of those rights and values in any Member State can have detrimental effects on the Union as a whole. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Citizens, Rights and Values Programme (the Programme ) will bring together the Programme Rights, Equality PE v /53 PR\ docx

7 390/2014 9, (hereafter 'the predecessor Programmes'). 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, , p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the Europe for Citizens programme for the period (OJ L 115, , p.3) and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council 8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/2014 9, (hereafter 'the predecessor Programmes'). 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, , p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the Europe for Citizens programme for the period (OJ L 115, , p.3) 3 Recital 3 (3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people's democratic, civic and social participation and fostering the rich diversity of European society, based on our common history and memory. Article 11 of the Treaty of the European Union further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union (3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, open, inclusive and democratic society by funding activities that promote a vibrant, well-developed, self-reliant and empowered civil society, including advocacy for the promotion and protection of our common values, and that encourage people's democratic, civic and social participation and foster peace and the rich diversity of European society, based on our common values, history and memory. Article 11 of the Treaty of the European Union requires that the PR\ docx 7/53 PE v02-00

8 action. institutions shall maintain an open, transparent and regular dialogue with civil society and shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action. The Commission should maintain a regular dialogue with the beneficiaries of the Programme as well as other relevant stakeholders by setting up a Civil Dialogue Group. 4 Recital 4 (4) The Rights and Values programme (the 'Programme') should allow developing synergies to tackle the challenges that are common to the promotion and protection of values and to reach a critical dimension to have concrete results in the field. That should be achieved by building on the positive experience of the predecessor Programmes. This will enable to fully exploit the potential of synergies, to more effectively support the policy areas covered and to increase their potential to reach people. To be effective, the Programme should take into account the specific nature of the different policies, their different target groups and their particular needs through tailor-made approaches. (4) The Programme should allow developing synergies to tackle the challenges that are common to the promotion and protection of our common values and to reach a critical dimension to have concrete results in the field. That should be achieved by building on and further developing the positive experience of the predecessor Programmes. This will enable to fully exploit the potential of synergies, to more effectively support the policy areas covered and to increase their potential to reach people. To be effective, the Programme should take into account the specific nature of the different policies, their different target groups and their particular needs through tailor-made approaches. PE v /53 PR\ docx

9 5 Recital 4 a (new) (4a) Full respect and promotion of the rule of law and democracy is fundamental to building citizens' trust in the Union. Respect for the rule of law within the Union is a prerequisite for the protection of fundamental rights, as well as for upholding all rights and obligations enshrined in the Treaties. The way in which the rule of law is implemented in the Member States plays a vital role in ensuring mutual trust among Member States and their legal systems. The Pprogramme should therefore promote and safeguard fundamental rights, democracy and the rule of law at local, regional, national and transnational levels. Justification The Rapporteur suggests introducing a new strand aimed at promoting and safeguarding fundamental rights, democracy and the rule of law at local, regional, national and transnational level (Union values strand). 6 Recital 4 b (new) (4b) The 'rule of law', as one of the Union values enshrined in Article 2 TEU, include the principles of legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of executive powers; effective judicial protection by PR\ docx 9/53 PE v02-00

10 independent courts, including of fundamental rights; separation of powers and equality before the law. Justification The Rapporteur suggests to better explore and highlight synergies between the Programme and the European Commission Proposal for a Regulation on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States. 7 Recital 5 (5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens' engagement in society and ultimately their involvement in the democratic life of the Union. At the same time supporting activities promoting mutual understanding, diversity, dialogue and respect for others fosters a sense of belonging and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens of the EU outermost regions due to their remoteness and distance from continental Europe. (5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens' engagement in society and ultimately their involvement in the democratic life of the Union. At the same time supporting activities promoting mutual understanding, diversity, dialogue, social inclusion and respect for others fosters a sense of belonging and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens of the EU outermost regions due to their remoteness and distance from continental Europe. PE v /53 PR\ docx

11 8 Recital 6 (6) Remembrance activities and critical reflection on Europe s historical memory are necessary to make citizens aware of the common history, as the foundation for a common future, moral purpose and shared values. The relevance of historical, cultural and intercultural aspects should also be taken into account, as well as the links between remembrance and the creation of a European identity and sense of belonging together. (6) Remembrance activities and critical reflection on Europe s historical memory are necessary to make citizens aware of the common history and core values, as the foundation for a common future, moral purpose and shared values. The relevance of historical, cultural and intercultural aspects should also be taken into account, as well as the links between remembrance and the creation of a European identity based on diversity, solidarity and sense of belonging together. 9 Recital 7 (7) Citizens should also be more aware of their rights deriving from citizenship of the Union, and should feel at ease about living, travelling, studying, working and volunteering in another Member State, and should feel able to enjoy and exercise all their citizenship rights, place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be. Civil society needs to be supported for the promotion, safeguarding and raising awareness of EU common values under Article 2 TEU and in contributing to the effective enjoyment of rights under Union law. (7) Citizens should also be more aware of their rights deriving from citizenship of the Union, and should feel at ease about living, travelling, studying, working and volunteering in another Member State, and should feel able to enjoy and exercise all their citizenship rights, place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be. Civil society needs to be strengthened at all levels for the promotion, safeguarding and raising awareness of EU common values under Article 2 TEU and in contributing to the effective enjoyment of rights under Union law. PR\ docx 11/53 PE v02-00

12 10 Recital 11 (11) Non-discrimination is a fundamental principle of the Union. Article 19 of the Treaty on the Functioning of the European Union provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Nondiscrimination is also enshrined in Article 21 of the Charter. The specific features of the diverse forms of discrimination should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds. The Programme should support actions to prevent and combat discrimination, racism, xenophobia, antisemitism, anti-muslim hatred and other forms of intolerance. In that context, particular attention should also be devoted to preventing and combating all forms of violence, hatred, segregation and stigmatisation, as well as combating bullying, harassment and intolerant treatment. The Programme should be implemented in a mutually reinforcing manner with other Union activities that have the same objectives, in particular with those referred to in the Commission Communication of 5 April 2011 entitled An EU Framework for National Roma Integration Strategies up to and in the Council Recommendation of 09 December 2013 on effective Roma integration measures in the Member States 11. (11) Non-discrimination is a fundamental principle of the Union. Article 19 of the Treaty on the Functioning of the European Union provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Nondiscrimination is also enshrined in Article 21 of the Charter. The specific features of the diverse forms of discrimination should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds. The Programme should support actions to prevent and combat discrimination, racism, xenophobia, antisemitism, anti-ziganism, anti-muslim hatred and other forms of intolerance against persons belonging to minorities. In that context, particular attention should also be devoted to preventing and combating all forms of violence, hatred, segregation and stigmatisation, as well as combating bullying, harassment and intolerant treatment. The Programme should be implemented in a mutually reinforcing manner with other Union activities that have the same objectives, in particular with those referred to in the Commission Communication of 5 April 2011 entitled An EU Framework for National Roma Integration Strategies up to and in the Council Recommendation of 09 December 2013 on effective Roma integration measures in the Member States 11. PE v /53 PR\ docx

13 10 COM(2011) COM(2011) OJ C 378, , p OJ C 378, , p Recital 13 (13) The right to respect for his or her private and family life, home and communications (right to privacy) is a fundamental right enshrined in Article 7 of the Charter of Fundamental Rights. The protection of personal data is a fundamental right enshrined in Article 8 of the Charter of Fundamental Rights and Article 16 of the Treaty on the Functioning of the European Union. Compliance with the rules for the protection of personal data is subject to the control by independent supervisory authorities. The Unions legal framework, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council 12 and Directive (EU) 2016/680 of the European Parliament and of the Council 13 lay down provisions to ensure that the right to protection of personal data is effectively protected. These legal instruments entrust the national data protection supervisory authorities with the task of promoting public awareness and understanding of the risks, rules, safeguards and rights in relation to the processing of personal data. The Union should be able to conduct awarenessraising activities, carry out studies and other relevant activities given the importance of the right to the protection of personal data in times of rapid technological developments. (13) The right to respect for his or her private and family life, home and communications (right to privacy) is a fundamental right enshrined in Article 7 of the Charter of Fundamental Rights. The protection of personal data is a fundamental right enshrined in Article 8 of the Charter of Fundamental Rights and Article 16 of the Treaty on the Functioning of the European Union. Compliance with the rules for the protection of personal data is subject to the control by independent supervisory authorities. The Unions legal framework, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council 12 and Directive (EU) 2016/680 of the European Parliament and of the Council 13 lay down provisions to ensure that the right to protection of personal data is effectively protected. These legal instruments entrust the national data protection supervisory authorities with the task of promoting public awareness and understanding of the risks, rules, safeguards and rights in relation to the processing of personal data. The Union should be able to conduct awarenessraising activities, support civil society organisations in advocating for data protection in line with Union standards, carry out studies and other relevant activities given the importance of the right to the protection of personal data in times of rapid technological developments. PR\ docx 13/53 PE v02-00

14 12 OJ L 119, , p OJ L 119, , p OJ L 119, , p OJ L 119, , p Recital 18 (18) Independent human rights bodies and civil society organisations play an essential role in promoting, safeguarding and raising awareness of the Union s common values under Article 2 TEU, and in contributing to the effective enjoyment of rights under Union law, including the Charter of Fundamental Rights of the EU. As reflected in the European Parliament Resolution of 18 April 2018, adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively. Complementing efforts at national level, EU funding should therefore contribute to support, empower and build the capacity of independent civil society organisations active in the promotion of human rights whose activities help the strategic enforcement of rights under EU law and the Charter of Fundamental Rights of the EU, including through advocacy and watchdog activities, as well as to promote, safeguard and raise awareness of the Union s common values at national level. (18) Independent human rights bodies and civil society organisations play an essential role in promoting, safeguarding and raising awareness of the Union s common values under Article 2 TEU, and in contributing to the effective enjoyment of rights under Union law, including the Charter of Fundamental Rights of the EU. As reflected in the European Parliament Resolution of 19 April 2018, an increase in funding and adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively. Complementing efforts at national level, EU funding should therefore contribute to support, empower and build, including through adequate core funding and simplified cost options, financial rules and procedures, the capacity of independent civil society organisations active in the promotion of human rights whose activities help the strategic enforcement of rights under EU law and the Charter of Fundamental Rights of the EU, including through advocacy and watchdog activities, as well as to promote, safeguard and raise awareness of the Union s common values at national level. PE v /53 PR\ docx

15 13 Recital 19 a (new) (19a) Mechanisms to ensure a link between Union funding policies Union values should be further refined, allowing the Commission to make a proposal to the Council to transfer resources allocated to a Member State under shared management to the Programme where that Member State is subject to procedures relating to Union values. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action, reversed qualified majority voting should be used. Justification The Rapporteur suggests to better explore and highlight synergies between the Programme and the European Commission Proposal for a Regulation on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States. 14 Recital 20 (20) The Programme should be open, subject to certain conditions, to the participation of European Free Trade Association (EFTA) members which are (20) As regards the implementation of the specific objectives of promoting gender equality and rights, promoting citizens engagement and participation in PR\ docx 15/53 PE v02-00

16 members of the European Economic Area (EEA) and EFTA members which are not members of the EEA and other European countries. Acceding countries, candidate countries and potential candidate countries benefiting from a pre-accession strategy should also be able to participate in the Programme. the democratic life of the Union at local, regional, national and transnational level as well as combating violence, the Programme should be open, subject to certain conditions, to the participation of European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA) and EFTA members which are not members of the EEA and other European countries. Acceding countries, candidate countries and potential candidate countries benefiting from a pre-accession strategy should also be able to participate in the Programme. 15 Recital 21 (21) In order to ensure efficient allocation of funds from the general budget of the Union, it is necessary to ensure the European added value of all actions carried out, their complementarity to Member States actions, while consistency, complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund and thus with the Justice Programme as well as with Creative Europe programme, and Erasmus+ to realise the potential of cultural crossovers in the fields of culture, media, arts, education and creativity. It is necessary to create synergies with other European funding programmes, in particular in the fields of employment, internal market, enterprise, youth, health, citizenship, justice, migration, security, research, innovation, technology, industry, (21) In order to ensure efficient allocation of funds from the general budget of the Union, it is necessary to ensure the European added value of all actions carried out, bearing in mind the particular Union added value inherent in any action, including actions carried out at local, regional, national and transnational level, directed at promoting and safeguarding our common values as enshrined in Article 2 TEU, their complementarity to Member States actions, where actions at Member State level are present, while consistency, complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund and thus with the Justice Programme as well as with Creative Europe programme, and Erasmus+ to realise the potential of cultural crossovers in the fields PE v /53 PR\ docx

17 cohesion, tourism, external relations, trade and development. of culture, media, arts, education and creativity. It is necessary to create synergies with other European funding programmes, in particular in the fields of employment, internal market, enterprise, youth, health, citizenship, justice, migration, security, research, innovation, technology, industry, cohesion, tourism, external relations, trade, development and climate. Justification The Rapporteur wishes to clarify that a European added value is inherent in actions relating generally to Art 2 TEU. 16 Recital 23 (23) Regulation (EU, Euratom) No [the new FR] (the Financial Regulation ) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees. (23) Regulation (EU, Euratom) No [the new FR] (the Financial Regulation ) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees and demands full transparency on the use of resources, sound financial management and prudent use of resources. In particular, rules concerning the possibility for local, regional, national and transnational civil society organisations to be funded through multiannual operating grants, cascading grants, provisions ensuring fast and flexible grant-making procedures, such as a two-step-application procedure, userfriendly applications and reporting procedures should be operationalised and further strengthened as part of the PR\ docx 17/53 PE v02-00

18 implementation of this Programme 17 Recital 24 (24) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of noncompliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council 20 Council Regulation (Euratom, EC) No 2988/95 21 Council Regulation (Euratom, EC) No 2185/96 22 and Council Regulation (EU) 2017/ the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity (24) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, the size and capacity of relevant stakeholders and targeted beneficiaries, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates, unit costs and cascading grants, as well as co-funding criteria which take into account volunteer work and financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. Co-funding requirements should be accepted in kind and may be waived in cases of limited complementary funding. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council 20 Council Regulation (Euratom, EC) No 2988/95 21 Council Regulation (Euratom, EC) No 2185/96 22 and Council Regulation (EU) 2017/ the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 PE v /53 PR\ docx

19 affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council 24. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. 20 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, , p Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, , p.1). 22 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities financial interests against fraud and other and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council 24. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. 20 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, , p Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, , p.1). 22 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities financial interests against fraud and other PR\ docx 19/53 PE v02-00

20 irregularities (OJ L ,, p.2). 23 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor s Office ( the EPPO ) (OJ L283, ,, p.1). 24 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union s financial interests by means of criminal law (OJ L 198, , p. 29). irregularities (OJ L ,, p.2). 23 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor s Office ( the EPPO ) (OJ L283, ,, p.1). 24 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union s financial interests by means of criminal law (OJ L 198, , p. 29). 18 Recital 24 a (new) (24a) In order to increase accessibility and provide guidance and practical information in relation to the Programme, each Member State should set up an independent National Contact Point with a view to providing assistance to both beneficiaries and applicants. Justification With the aim of increasing the accessibility, transparency and effectiveness of the Programme on the local, regional and national level, the Rapporteur proposes the creation of National Contact Points tasked with assisting, providing information and guidance to beneficiaries and applicants. 19 Recital 25 PE v /53 PR\ docx

21 (25) Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences. (25) In relation to the implementation of the specific objectives of promoting gender equality and rights, citizens engagement and participation in the democratic life of the Union at local, regional, national and transnational level and combating violence, third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences. 20 Recital 30 (30) In order to ensure uniform conditions for the implementation of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of indicators as indicated in Article 14 and 16 and Annex II. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, (30) In order to supplement this Regulation with a view to carrying out the Programme and ensuring effective assessment of its progress towards the achievement of its objectives, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of work programmes pursuant to Article 13 and indicators as indicated in Articles 14 and PR\ docx 21/53 PE v02-00

22 and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. 16 and Annex II. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Justification The work programmes should be adopted by means of delegated acts and this recital needs to be adapted accordingly. It should also be aligned with the wording of the delegation of powers referred to in Article Recital 31 (31) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of deleted PE v /53 PR\ docx

23 implementing powers (OJ L 55, , p. 13) Justification This recital needs to be deleted since the proposal should not include any reference to implementing acts. 22 Article 1 paragraph 1 This Regulation establishes the Rights and Values programme ( Programme ). This Regulation establishes the Citizens, Rights and Values programme (the Programme ). 23 Article 1 paragraph 2 It lays down the objectives of the Programme, the budget for the period , the forms of Union funding and the rules for providing such funding. It lays down the objectives and scope of the Programme, the budget for the period , the forms of Union funding and the conditions for providing such funding. 24 Article 2 paragraph 1 PR\ docx 23/53 PE v02-00

24 1. The general objective of the Programme is to protect and promote rights and values as enshrined in the EU Treaties, including by supporting civil society organisations, in order to sustain open, democratic and inclusive societies. 1. The general objective of the Programme is to protect and promote rights and values as enshrined in the Treaties, including democracy, the rule of law and fundamental rights as enshrined in Article 2 TEU, in particular by supporting and building the capacity of civil society organisations at local, regional, national and transnational level, in order to sustain open, rights-based, democratic, equal and inclusive societies. 25 Article 2 paragraph 2 point -a (new) (-a) to promote and safeguard fundamental rights, democracy and the rule of law at local, regional, national and transnational level (Union values strand); Justification The Rapporteur proposes to include in the Programme a new specific objective (the Union values strand) referring to democracy, fundamental rights and the rule of law. This strand will fund corresponding specific actions at local, regional, national and transnational levels. Within the framework of this new specific objective the Rapporteur considers that the programme should focus on protecting and promoting democracy and the rule of law, including ensuring the independence of the judiciary, effective judicial protection by independent courts, including of fundamental rights, transparency and non-arbitrariness by public authorities and law enforcement, providing support for independent human rights defenders and civil society organisations undertaking monitoring compliance with the rule of law, whistleblower defence and support initiatives that promote transparency, accountability, integrity and absence of corruption. PE v /53 PR\ docx

25 26 Article 2 a (new) Article 2a Union values strand Within the general objective set out in Article 2(1) and within the specific objective set out in point (-a) of Article 2(2), the Programme shall focus on: (a) protecting and promoting democracy and the rule of law, including ensuring the independence of the judiciary; effective judicial protection by independent courts, including of fundamental rights; transparency and non-arbitrariness by public authorities and law enforcement; providing support for independent human rights defenders and civil society organisations undertaking monitoring compliance with the rule of law, for whistleblower defence and for initiatives that promote transparency, accountability, integrity and absence of corruption; (b) protecting, strengthening and promoting fundamental rights, including freedom of expression, peaceful assembly or association, media freedom and pluralism of the media, academic freedom, freedom of religion or belief and the right to privacy and family life; (c) supporting, empowering and building the capacity of independent civil society organisations active in the promotion of the values referred to in Article 2(1). Justification The Rapporteur proposes to include in the Programme a new specific objective (the Union values strand) referring to democracy, fundamental rights and the rule of law. This strand PR\ docx 25/53 PE v02-00

26 will fund corresponding specific actions at local, regional, national and transnational levels. Within the framework of this new specific objective the Rapporteur considers that the programme should focus on protecting and promoting democracy and the rule of law, including ensuring the independence of the judiciary, effective judicial protection by independent courts, including of fundamental rights, transparency and non-arbitrariness by public authorities and law enforcement, providing support for independent human rights defenders and civil society organisations undertaking monitoring compliance with the rule of law, whistleblower defence and support initiatives that promote transparency, accountability, integrity and absence of corruption. 27 Article 3 paragraph 1 introductory part Within the specific objective set out in point (a) of Article 2(2), the Programme shall focus on: Within the general objective set out in Article 2(1) and within the specific objective set out in point (a) of Article 2(2), the Programme shall focus on: 28 Article 3 paragraph 1 point a (a) preventing and combating inequalities and discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and supporting comprehensive policies to promote gender equality and antidiscrimination and their mainstreaming as well policies to combat racism and all forms of intolerance; (a) preventing and combating inequalities and discrimination on grounds of sex, racial, social or ethnic origin, religion or belief, disability, age, language or sexual orientation, and supporting comprehensive policies to promote gender equality and anti-discrimination and their mainstreaming as well policies to combat racism and all forms of intolerance; PE v /53 PR\ docx

27 29 Article 4 paragraph 1 introductory part Within the specific objective set out in point (b) of Article 2(2), the Programme shall focus on: Within the general objective set out in Article 2(1) and within the specific objective set out in point (b) of Article 2(2), the Programme shall focus on: 30 Article 5 paragraph 1 introductory part Within the specific objective set out in point (c) of Article 2(2), the Programme shall focus on: Within the general objective set out in Article 2(1) and within the specific objective set out in point (c) of Article 2(2), the Programme shall focus on: 31 Article 5 paragraph 1 point b (b) supporting and protecting victims of such violence. (b) supporting and protecting victims of such violence, including by facilitating and ensuring access to justice, access to victim support services and access to safe police reporting for all victims of violence. PR\ docx 27/53 PE v02-00

28 32 Article 6 paragraph 1 1. The financial envelope for the implementation of the Programme for the period shall be EUR [ ] in current prices. 1. The financial envelope for the implementation of the Programme for the period shall be EUR [ ] in current prices. Justification In line with the European Parliament resolution on the need to establish a European Values Instrument to support civil society organisations which promote fundamental values within the European Union at local and national level (2018/2619(RSP), the Rapporteur calls on the financial envelope for the implementation of the Programme for the period to be raised to a funding level corresponding, in addition to existing programmes, to at least that of the European Instrument for Democracy and Human Rights, which serves similar purposes beyond the Union s borders. 33 Article 6 paragraph 2 point -a (new) (-a) EUR [ ] for the specific objectives referred to in point (-a) of article 2(2); Justification The Rapporteur proposes to include in the Programme a new specific objective (the Union values strand) referring to democracy, fundamental rights and the rule of law. This strand will fund corresponding specific actions at local, regional, national and transnational levels. Within the framework of this new specific objective the Rapporteur considers that the programme should focus on protecting and promoting democracy and the rule of law, including ensuring the independence of the judiciary, effective judicial protection by independent courts, including of fundamental rights, transparency and non-arbitrariness by public authorities and law enforcement, providing support for independent human rights PE v /53 PR\ docx